Introduction
The Regulation on Notification via Electronic Means
("Regulation") which regulates procedures and principles
of the notifications served via electronic means (to be referred to
as "electronic notification") entered into force through
publication in the Official Gazette dated January 19, 2013 and
numbered 28533.
The Regulation was prepared on the basis of the principles on
information security, protection of personal data, service with
good quality and international standards.
The Regulation covers electronic notifications served by judicial
authorities, some public administrations, administrations with
private budgets, regulatory and supervisory institutions, social
security institutions and provisional special administrations,
municipalities, rural legal entities, bar associations and public
notaries through the General Directorate of Turkish Post
("PTT").
Relevant Legislation
As known, Article 7/A, titled "Electronic
Notification", was added to Notification Law No. 7021 with Law
No. 6099 and electronic notification became legally valid.
The article 7/A of Notification Law No. 7201 reads as
follows:
"Electronic notification can be made to the person who
wants to be served through an electronic address by providing an
electronic address which is suitable for electronic
notification.
It is obligatory to make electronic notification to joint
stock companies, limited liability companies, and limited liability partnerships divided into
shares.
In the event electronic notification pursuant to the first and
second paragraphs cannot be made due to mandatory reasons,
notification will be made by other means that are mentioned in this
Law.
Electronic notification is deemed to have been made at the end
of the fifth day following the arrival of the notification in the
electronic address of the addressee."
The justification for the Regulation prepared in accordance with
this provision is as follows: In recent years, significant
developments in the field of technology and informatics, and
innovations as a result of these developments, may be noticed in
each phase of life. Laws and secondary legislation, which must be
amended accordingly, need to be up to date and meet the
requirements, and also be parallel with economic, social and
technological developments. In this regard, several technology
related regulations have been made in Turkey and the opportunities
and facilities provided by information technologies have been put
into practice in many areas. Electronic communication is a much
faster and cheaper way of communicating than traditional
methods.
The aim of these legal provisions is to make notifications cheap,
safe and easy within the shortest amount of time.
Electronic Notification
The Regulation stipulates that the authorities who make
electronic notification shall obtain their electronic notification
addresses only from PTT. Addressees may obtain their electronic
notifications from PTT or other service providers.
The notifications shall be forwarded through the servers of PTT.
The notifications will be forwarded directly to addressees who
obtain their electronic notification addresses from PTT. However,
the notifications to the addressees who obtain their electronic
notification addresses from service providers other than PTT will
be made through the servers of said service providers. Reports of
notifications will be issued via PTT servers to the system of the
authorities that issued the notification. Thus, all notifications,
including electronic notifications made to the authorities, will be
made through PTT.
As seen in Notification Law No. 7201, the addressee has to submit
an electronic address which is suitable for electronic notification
in order to receive electronic notifications. The Regulation
provides the use of Registered Electronic Mail
("KEP"), which provides a safe means of
communication, legal validity in electronic media and is suitable
for electronic notification for usage of electronic
messaging. The Regulation allows addressees to get an
electronic address from a mail service provider that is authorized
by the Information and Communications Technologies Authority.
KEP is defined in the Regulation as a "qualified form of
electronic mail, which provides legal evidence regarding usage of
electronic messages including transfer and delivery". KEP has
been used in European Union countries and other countries for a
long time. Moreover, an international standard of ETSI TS 102 640
was published by the European Telecommunication Standards Institute
("ETSI") in November 2008 which regulates the
interoperability, definition of technical formats, operation
process of KEP, and usage of electronic signature and time stamp.
KEP, which is defined as a special correspondence infrastructure of
electronic communication that uses electronic mail infrastructure
and protocols based on ETSI TS 102 640 standard, provides valid and
safe transfer and delivery of information and documents, storage
and legal evidence in electronic media. The Regulation of
Procedures and Principles Regarding Registered Electronic Mail has
been published in the Official Gazette dated 25.08.2011 and
numbered 28036. The Information and Communications Technologies
Authority, which has the authority to audit pursuant to the
Regulation and Law on Electronic Communication No. 5809, is also
authorized to audit all of the providers of electronic notification
services.
Practice and Conclusion
As mentioned above, it is mandatory to make notifications via
electronic means to the joint stock companies, limited liability
companies, and limited liability partnerships divided into
shares. Real persons and legal entities may benefit from
electronic notification at their own discretion. Addressees, who
are obliged to receive electronic notifications, must submit
electronic notification addresses to the authorities which are
entitled to issue notifications. In the event notification cannot
be made via electronic means to the addressees who are obliged to
receive notifications accordingly, notification will be made by
other means as mentioned in the Law.
The authority that issues the notification will transfer the
electronic notification message to PTT with its electronic
notification address granted by PTT. PTT relays this message with a
time stamp and transfers the message to the electronic address of
addressee or addressee's service provider if the addressee
obtains the electronic notification address from a service provider
other than PTT. The service provider who receives the electronic
notification message then relays this message with a time stamp and
transfers the message to the electronic notification address of
addressee.
According to Article 9 of the Regulation, electronic notification
is deemed to have been made at the end of the fifth day following
the arrival of the notification in the electronic address of the
addressee.
Electronic notification aims to meet international standards and
overcome the problems regarding notification, information security
and protection of personal data, while promoting good quality
services
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
